- 11 -
based on the same plans as Brendan. The agreement stated in
part:
6. Upon completion of the new yacht Kanter at its
expense (including payment of any custom charges and
duty) shall transport it to San Francisco and
commission the yacht in the water. Sea trials if
required by Lucid shall be paid for by Lucid. Lucid
shall transfer title of Brendan to Kanter and in
exchange Kanter shall transfer title of the new yacht
to Lucid. * * *
* * * * * * *
14. It is understood that since Kanter has agreed to
replace the hull of Brendan by constructing a new
yacht, it is the intent that the new yacht's
specifications and equipment in every case must meet
but not exceed those for the yacht Brendan. * * *
On July 19, 1989, petitioners informed Kanter Yachts that
they were anxious to put the problems involving Brendan behind
them. Petitioners stated:
We were at a Marine Medicine meeting last week at Univ.
of Calif. Med school which was very good and raised our
urgency about getting back on the water and cruising.
Our winds have been delightful this summer and we miss
not sailing. There will be so many things that will
need to be done befroe [sic] we can cast off our lines
but we will continue to be patient.
By 1989, petitioners were no longer enthusiastic with
respect to the professionalism or acumen of Kanter Yachts. To
ensure that Kanter Yachts did not build the new boat, Trinity,
with the same flaws as Brendan, petitioners: (1) Hired an
independent third party to inspect the new hull during
construction as well as to inspect the factory; (2) flew from San
Francisco to Canada on a monthly basis to personally inspect the
ongoing construction of the new vessel; and (3) wrote
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011